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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 34273
Experience:  Attorney over 16 years, landlord 26 years
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I need a sample letter to write to a judge requesting

Customer Question

I need a sample letter to write to a judge requesting dismissal of or reschedule an eviction hearing as the process server did not serve me within the time limit before the hearing. In Idaho, the service must be completed 5 days before the hearing, not counting weekends or holidays. I was served 4 days before the hearing, not including weekends.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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A letter to the judge won't do any good because the judge can't review or read things outside the actual case as this is considered "ex parte communications" and is prohibited. So sending a letter won't help you here.

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You will have to actually appear and make an oral motion with the judge when the case is originally called for a hearing to have the judge dismiss the case based on a violation of your procedural due process rights to proper notice based on the failure of the server to notify you properly at least 5 days before the hearing.

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The other option is to file a motion to dismiss in writing stating the same thing. This is a generic sample form for a Motion to Dismiss where you would complete it stating the grounds for the motion (i.e. improper service)

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Motion to Dismiss

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thanks

Barrister

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